Approved Used car / Lemon - consumer rights act 2015
Discussion
piggieporker said:
Our solicitor says we have a very good chance of winning as they are clearly in breach of the Consumer Rights Act 2015.
......
If you are confident of winning, what is the point of your thread?......
You can't name the dealer, you can't show the extent of the 'damage', so what are you hoping to achieve. Threads of this nature always go one way and that is for you to look like a over-fussy idiot for not inspecting the car before you bought it.
Please post the details of the outcome as usually the silence speaks volumes.
93DW said:
Lol last time that happened to a dealer near us they just put the car on dolly's and moved it round the back of the workshop.
Also you'll probably find every advert has something along the lines of "Please be aware that the specification on vehicles can sometimes differ from that shown above, including as a result of the use of third party data. Mileage readings are approximate only. Please reconfirm any details that are important to you with sales person who will be happy to help. Prices, offers and details of vehicles are subject to change at short notice. This vehicle may have been sold in the last 24 hours - please contact us to confirm the vehicle is still available."
Consumer rights act 2015Also you'll probably find every advert has something along the lines of "Please be aware that the specification on vehicles can sometimes differ from that shown above, including as a result of the use of third party data. Mileage readings are approximate only. Please reconfirm any details that are important to you with sales person who will be happy to help. Prices, offers and details of vehicles are subject to change at short notice. This vehicle may have been sold in the last 24 hours - please contact us to confirm the vehicle is still available."
Chapter 2 section 11 sub section 5.
Edited by Granfondo on Wednesday 25th January 19:38
I am in no way on the side of the OP who I think is a total blind muppet but he asked for advice on getting out of this situation.
Any BMW dealer that sells an approved car like that deserves everything they get and even though the OP is a moron he still needs protection even if it's from himself.
Any BMW dealer that sells an approved car like that deserves everything they get and even though the OP is a moron he still needs protection even if it's from himself.
Edited by Granfondo on Wednesday 25th January 20:07
Granfondo said:
C70R said:
Keen to see your case law for specification constituting right to rejection under CRA2015. Feel free to quote...
Misrepresentation act 1967 possibly.C70R said:
Granfondo said:
C70R said:
Keen to see your case law for specification constituting right to rejection under CRA2015. Feel free to quote...
Misrepresentation act 1967 possibly.Granfondo said:
C70R said:
Granfondo said:
C70R said:
Keen to see your case law for specification constituting right to rejection under CRA2015. Feel free to quote...
Misrepresentation act 1967 possibly.He ended up keeping the car.
TooMany2cvs said:
Granfondo said:
C70R said:
Granfondo said:
C70R said:
Keen to see your case law for specification constituting right to rejection under CRA2015. Feel free to quote...
Misrepresentation act 1967 possibly.He ended up keeping the car.
Granfondo said:
TooMany2cvs said:
Granfondo said:
C70R said:
Granfondo said:
C70R said:
Keen to see your case law for specification constituting right to rejection under CRA2015. Feel free to quote...
Misrepresentation act 1967 possibly.He ended up keeping the car.
C70R said:
Granfondo said:
TooMany2cvs said:
Granfondo said:
C70R said:
Granfondo said:
C70R said:
Keen to see your case law for specification constituting right to rejection under CRA2015. Feel free to quote...
Misrepresentation act 1967 possibly.He ended up keeping the car.
http://www.lawgistics.co.uk/read-news/865
New rules mean a customer can reject a car within the first 30 days after purchase
The Consumer Rights Act 2015 comes into force on 1 October 2015. From that date, the Sale of Goods Act 1979 will become largely redundant for all ‘business to consumer’ sales which will then be covered by the new Act.
One of the new rules is the ‘short term right to reject’ covered in Section 22 of the Act.
By virtue of this Section, if a consumer complains of a fault with the vehicle in the first 30 days, they will be entitled to bring it back to you for a refund. They can ask for a repair but they are not obliged to accept a repair and can simply insist on a refund which you will be legally obliged to give.
New rules mean a customer can reject a car within the first 30 days after purchase
The Consumer Rights Act 2015 comes into force on 1 October 2015. From that date, the Sale of Goods Act 1979 will become largely redundant for all ‘business to consumer’ sales which will then be covered by the new Act.
One of the new rules is the ‘short term right to reject’ covered in Section 22 of the Act.
By virtue of this Section, if a consumer complains of a fault with the vehicle in the first 30 days, they will be entitled to bring it back to you for a refund. They can ask for a repair but they are not obliged to accept a repair and can simply insist on a refund which you will be legally obliged to give.
That would usually cover a mechanical fault making the car not fit for purpose, such as driving. Given its a used car it would be expected to have general wear and tear, paintwork would probably come under this. Given you inspected the car and took delivery you knew at the time of handover any potential problems. You would not be aware of mechanical issues.
There has to be flexibility in the act otherwise people would reject cars for trivial reasons and end up with free hire cars .....
Have you actually contacted the dealer yet ?
There has to be flexibility in the act otherwise people would reject cars for trivial reasons and end up with free hire cars .....
Have you actually contacted the dealer yet ?
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